Publication details
The General Anti-Avoidance Rule in Czech case law
| Authors | |
|---|---|
| Year of publication | 2023 |
| Type | Article in Periodical |
| Magazine / Source | Analysis and Studies CASP |
| MU Faculty or unit | |
| Citation | |
| Web | Publikovaný článek |
| Keywords | General Anti-Avoidance Rule; tax benefit; purpose of the law; conduct; taxpayer; tax administrator |
| Description | The General Anti-Avoidance Rule is a globally widespread principle applied in the tax administration framework that is supposed to act as a safety brake against the taxpayer’s conduct, which, although formally fulfills the letter of the law, is contrary to its purpose. The provisions of Article 6 of Council Directive (EU) 2016/1164 of 12 July 2016 laying down rules against tax avoidance practices that directly affect the functioning of the internal market, as amended, establishes the obligation of the Member States of the European Union to implement the General Anti-Avoidance Rule against abuse of the tax regime of corporate income tax. However, each country implements it differently. The aim of this article is not only to acquaint the reader with the approach chosen by the Czech legislator but also to point out the development of the application of this principle in Czech tax law. |